Last Update: April 1, 2005
TERMS AND CONDITIONS OF USE OF SITE
This Site ("Site") is provided by Fusepoint Managed Services, Inc. ("Fusepoint") conditional on your acceptance of the terms and conditions of use set out below ("Terms and Conditions"). By accessing, reading and making use of this Site, you agree, on your own behalf and on behalf of any entity on whose behalf you may be acting, to be bound by the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions, you should not use this Site.
CHANGES TO TERMS AND CONDITIONS
Fusepoint may add to or remove, modify or otherwise change any part of the Terms and Conditions at any time. Changes will be effective when the changed Terms and Conditions are posted on this Site. You should check the Terms and Conditions frequently for changes by checking the date of "Last Update" at the top of this document. If any change to the Terms and Conditions is not acceptable to you, you should discontinue your use of this Site immediately. Your continued use of this Site after changes to the Terms and Conditions are posted thereon will constitute acceptance of the changes.
CHANGES TO THIS SITE
Fusepoint may terminate, change, suspend or discontinue any aspect of this Site at any time without notice. Without limiting the generality of the foregoing, Fusepoint may change the availability of any features, institute new, or change existing features thereof, add, remove, modify or otherwise change any contents on this Site, impose limits on certain features or restrict access to parts or all of this Site. Fusepoint reserves the right, but not the duty, to correct any errors or omissions in any portion of this Site at any time without notice.
OWNERSHIP AND USAGE
Copyright © 2005 Fusepoint Managed Services, Inc. (unless otherwise indicated). All rights reserved.
The contents of this Site may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of Fusepoint, unless specifically provided for as follows. In particular, Fusepoint permits you to display the content of this Site on your computer and to print, download and use the underlying HTML, text, audio clips, video clips and other content available to you on this Site provided that:
(a) it is for non-commercial use within your organization in support or investigation of Fusepoint services;
(b) you do not modify the content of this material; and
(c) you include with and display on each copy the copyright notice.
No other use of this Site is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Site, include the content of this Site in or with any product that you create or distribute or copy the content of this Site onto your own or another's site.
Some of the content on this Site may be subject to the copyright of another source. There may be additional restrictions on the reproduction of such content. Details concerning copyright ownership and any special restrictions on reproduction are indicated on the relevant page(s) of this Site and they should be observed.
TRADE MARKS
The Fusepoint logo is a trademark owned by Fusepoint.
All other trademarks, trade names or service marks mentioned on this Site are the property of their respective owners.
EXTERNAL LINKS
Certain links on this Site may take you to other Sites. Fusepoint provides these links only as a convenience. Fusepoint is not responsible for the contents of any linked Site. Fusepoint makes no representations or warranties regarding, and does not endorse, any linked Site, the contents thereof or the information appearing thereon. Links do not imply that Fusepoint sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for any linked site.
DISCLAIMER
Any use of or reliance on this Site or the contents of this Site shall be at your sole risk. Fusepoint makes no representation or warranty of any kind regarding this Site or the contents of this Site, all of which are provided on an "AS IS" basis WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Fusepoint makes no warranty as to the accuracy, quality or completeness of the contents of this Site, nor to title or non-infringement, nor to the absence of any software virus or other harmful component. Fusepoint does not warrant that this Site will continue to operate, will operate without interruptions or that it will be error-free.
LIMITATION OF LIABILITY
FUSEPOINT SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO ANY PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
PERSONAL INFORMATION PROTECTION
In 2000, the federal government of Canada enacted The Protection of Personal Information and Electronic Documents Act (“PIPEDA”). Effective January 1, 2004, all organizations that collect, use or disclose personal information in the course of their commercial activities will be subject to PIPEDA or substantially similar provincial legislation (collectively, “privacy legislation”).
Briefly stated, privacy legislation requires that the consent of an individual be obtained for the collection and use of his or her personal information, that steps be taken to protect personal information and that one or more individuals be appointed to monitor compliance with the provisions of applicable privacy legislation.
Fusepoint Managed Services, Inc. (“Fusepoint”) is committed to controlling the collection, use and disclosure of personal information provided by its partners, employees and customers and has adopted this Privacy Policy to ensure the accuracy, confidentiality and integrity of such personal information.
With respect to its customers, Fusepoint collects, uses and discloses information of its customers - including personal information provided to Fusepoint by its customers or on behalf of its customers - only in accordance with the instruction of the customer.
Regarding visitors to Fusepoint's data centers, Fusepoint collects and uses the personal information of its visitors for access and site security purposes only. Personal information in this respect is collected and used in accordance with a visitor's consent, Fusepoint's Data Center Access Policy and pursuant to privacy legislation. Fusepoint collects and retains personal information for internal security and business audit purposes only. All such information within Fusepoint's possession is protected by state of the art technology and security procedures and policies.
When you share personal information with Fusepoint, that information will be used only in direct connection with the purpose for which it was provided. Fusepoint will only collect that information which is necessary to carry out the purpose for which it is collected and shall only keep such information for so long as is necessary. If additional use of your information is required, Fusepoint will specifically ask your approval. Fusepoint will not share your personal information with a third party unless your specific approval is provided or unless Fusepoint is required to disclose your personal information in response to a court order or other legal obligation and Fusepoint will then only do so in accordance with the provisions of the privacy legislation. Fusepoint will, within 30 days of your request, allow you to review your personal information.
If you have questions or concerns regarding this policy, please contact Fusepoint's Chief Privacy Officer at 905-363-3782.
IP ADDRESSES
Fusepoint collects IP addresses for system administration and internal tracking. When you visit our site, our servers log the IP addresses only. We do not link IP addresses to anything personally identifiable.
COOKIES
A cookie is a small text file, which often includes an anonymous unique identifier, that is sent to the user's web browser from a Site's computers and is stored on the user's computer's hard drive. Cookies cannot be used to run programs or deliver viruses to a user's computer.
Fusepoint may use cookies to:
(a) improve the operation and performance of the Site and to make the Site easier and more convenient to use. For example, cookies help Fusepoint provide more personalized services by recalling user preferences on subsequent visits; or
(b) measure aggregate user traffic and demographic statistics related to Site usage (e.g. number of users, average time spent and similar statistics).
Most browsers are initially set up to accept cookies. If a user prefers, the user can reset his/her browser either to notify the user when the user has received a cookie, or to refuse to accept cookies. The user should understand that while Fusepoint does not require a user to use cookies, certain web pages might not function properly if a user sets his/her browser to not accept cookies.
JURISDICTION
Unless otherwise specified, the materials in this Site are presented solely for the purpose of promoting Fusepoint's services. This site is controlled and operated by Fusepoint from its offices within the Province of Ontario. Fusepoint makes no representation that materials in this Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
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